Must My Spouse File Bankruptcy Too?
No, you may file without your spouse. The effect on your spouse and any debts you have jointly will vary depending on the chapter you file, the kind of debt you have, and what you decide to do with the debt.
Often I will file only one spouse if the non-filing spouse has little debt, or, in some cases, I will file one spouse in a chapter 7, and the other in a chapter 13. All of this varies according to the individual situation.
A twist on this theme
When two persons have been living together and consider themselves “common law” married. There is no way to file these individuals in a joint bankruptcy. They must file two separate cases, if both are to obtain relief. Sometimes the best answer for married persons is to file two seperate, individual cases. Making the best choice from all the possible ways to file requires the evaluation and analysis of an exerienced professional.